31977R2027

No L 235/6 14. 9 . 77 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2027/77

of 12 September 1977

laying down the detailed rules of application for the additional measures appli­ cable to holders of long-term storage contracts for table wine for the 1976/77 wine-growing year

THE COMMISSION OF THE EUROPEAN bility of adopting any further measures which may be COMMUNITIES , necessary should therefore be provided for ;

Having regard to the Treaty establishing the European Whereas table wines of types R III, A II and A III are Economic Community, produced in limited quantities and have a traditional market on which they are normally sold at prices above the activating price ; whereas this is confirmed Having regard to Council Regulation (EEC) No by their present price level ; whereas it no longer 816/70 of 28 April 1970 laying down additional provi­ seems necessary, therefore, to provide for the distilla­ sions for the common organization of the market in tion of these wines ; wine (l ), as last amended by Regulation (EEC) No 1 679/77 (2), and in particular Article 6c (4) thereof,

Whereas the distillation provided for by this measure should take place in accordance with the provisions of Having regard to Council Regulation (EEC) No Council Regulation (EEC) No 1931 /76 of 20 July 878/77 of 26 April 1977 on the exchange rates to be 1976 laying down general rules governing the distilla­ applied in agriculture (3), as last amended by Regula­ tion of wines provided for in Articles 6b, 6c, 24a and tion (EEC) No 1 708/77 (4), and in particular Article 5 24b of Regulation (EEC) No 81 6/70 (5), as amended thereof, by Regulation (EEC) No 1 675/77 (6) ; whereas, pursuant to Articles 1 ( 1 ) and 4 of that Regulation, time limits should be fixed for the submission of Whereas the measures to support the wine market applications for approval of distillation contracts, for which were employed during this wine-growing year approval by the intervention agencies and for the have not in all cases given the desired results ; distillation operations ; whereas, pursuant to Article 2, whereas, in particular, the average weighted price for aid shall be paid, the amount thereof shall be fixed so table wine of type A I has remained lower than the as to enable the products obtained to be disposed of ; activating price for the whole wine-growing year and the price for type R I is at present lower than the acti­ vating price ; whereas the first condition under Article Whereas the additional information which should 6c ( 1 ) of Regulation (EEC) No 816/70 in order to take appear in the distillation contract should also be speci­ additional measures applicable to holders of long-term fied : storage contracts is therefore satisfied ; whereas the second condition , namely that the weighted average price should remain lower than the activating price Whereas the arrangements for paying the aid referred for three consecutive weeks, should from the point of to in Article 3 of Regulation (EEC) No 1931 /76 view of lodgement be verified shortly before the first provide that the aid is to be paid to the producer in expiry dates of the long-term storage contracts ; two instalments ; whereas payment of the second whereas the market situation is such that this condi­ instalment should be made within a limited period to tion is satisfied ; enable the producer to receive the full amount of the aid quickly ; whereas it should therefore be provided that such payment is to be made at the latest within Whereas these measures should provide, firstly, for the 30 days after distillation ; complete removal from the market by distillation of a certain quantity of wine and, secondly, for the delaying for several months of the marketing of the Whereas the technical conditions for the approval of remaining quantity held by holders of long-term the distillers must be laid down ; whereas provision storage contracts, in anticipation of a recovery of the should also be made for the case in which approval is market ; whereas, however, this latter measure might in principle to be withdrawn from the distiller if he not achieve the desired objective ; whereas the possi­ defaults for reasons other than force majeure or unfore­ seeable circumstances ; (') OJ No L 99, 5. 5. 1970, p. 1 . (2) OJ No L 187, 27. 7. 1977, p. 15 . (>) OJ No L 106, 29 . 4. 1977, p. 27 . (5) OJ No L 211 , 5 . 8 . 1976, p. 5 . (4) OJ No L 189, 29 . 7. 1977, p. 7. (*) OJ No L 187, 27. 7. 1977, p. 3.

14 . 9 . 77 Official Journal of the European Communities No L 235/7

Whereas the intervention agencies referred to in Article 2 Article 6 of Regulation (EEC) No 1931 /76 and the Commission should be informed of the progress of 1 . The period of three consecutive weeks referred distillation operations and should in particular be to in Article 6c ( 1 ) of Regulation (EEC) No 816/70 aware of the quantities of wine distilled and the quan­ shall fall between 1 August and 30 November 1977. tities of alcohol obtained ;

2. If the Decision referred to in Article 6c (4) of Whereas, in order to achieve the objective envisaged, Regulation (EEC) No 816/70 is adopted, the holders the storage contracts should be concluded in accor­ of long-term storage contracts for the types of wine in dance with Commission Regulation ( EEC) No respect of which the Decision is adopted and for 2015/76 of 13 August 1976 on storage contracts for wines which are in close economic relationship with table wine, grape must and concentrated grape them may : must ( J ) ;

(a) in respect of a quantity of wine not exceeding a Whereas, in order to be able to take account of market percentage to be fixed of the quantity under developments, it should be possible to cancel contract, carry out distillation in accordance with contracts ; Articles 3 to 8 ;

(b) in respect of the quantity which is not distilled Whereas, in accordance with Article 2 (2) (d) of Regula­ under (a), conclude a storage contract for a period tion (EEC) No 878/77, the representative rates fixed to be fixed in accordance with Article 9 . by that Regulation are to be applied from 16 December 1977 for wine ; whereas, however, other dates may be provided for distillation measures ; However, the holders of long-term storage contracts for table wines of types A II, A ill and R III may only take advantage of the measure referred to under (b). Whereas the application of the measures provided for in this Regulation extends beyond 15 December 1977 ; whereas it is necessary, in order to avoid any 3 . Other additional measures applicable to holders discrimination between the operators concerned, to of the storage contracts referred to in paragraph 2 (b) provide for the application of a single representative in respect of a given type of wine or a wine in close rate for all payments relating to the distillation opera­ economic relationship herewith may be taken in accor­ tions referred to in this Regulation ; whereas, since all dance with the procedure laid down in Article 7 of the table wine affected by these measures was Regulation No 24 if the Community weighted average produced during the 1976/77 wine-growing year, the price for that type of table wine has remained lower representative rates applicable for that year for wine than the activating price during the period between should be retained and the application of the new the date of adoption of the Decision referred to in representative rates provided for by Regulation (EEC) Article 6c (4) of Regulation ( EEC) No 816/70 and 15 No 878 /77 for the measures referred to in Article 6c January 1978 . of Regulation (EEC) No 816/70 should therefore be postponed until the expiry of the period of applica­ 4 . For the purposes of this Regulation , there shall tion of this Regulation ; be considered to be in close economic relationship with table wine of type : Whereas the measures provided for in this Regulation — A I , white table wines with an actual alcoholic are in accordance with the opinion of the Manage­ strength of not less than 12° and not more than ment Committee for Wine, 14° , not belonging to type A II or type A III,

— R I, red table wines with an actual alcoholic strength of not less than 12° and not more than 12-5° , not belonging to type R III, HAS ADOPTED THIS REGULATION : — R II , red table wines with an actual alcoholic strength of more than 12-5° and not more than 14-5° , not belonging to type R III . Article 1

This Regulation lays down the detailed rules of appli­ Article 3 cation for the additional measures applicable to holders of long-term storage contracts for table wine for the 1976/77 wine-growing year referred to in 1 . The distillation referred to in Article 2 (2) (a) Article 6c of Regulation (EEC) No 816/70 . shall be carried out in accordance with the provisions of Regulation ( EEC) No 1931 /76 and of this Regula­ (•) OJ No L 221 , 14 . 8 . 1976 , p. 20 . tion .

No L 235/8 14 . 9 . 77 Official Journal of the European Communities

2. The wines which may be distilled are those product referred to in the first indent of Article which have been the subject of the long-term storage 2 (3) of that Regulation, contract or other wines of the same type which have — 1 -29 units of account per degree and per been produced by the holder of the storage contract. hectolitre if the wine has been processed into a In the latter case the actual alcoholic strength of the product referred to in the second indent of the wine may not be less than 10° and the total quantity said Article 2 (3) ; of alcohol contained in the wine may not be greater than that contained in the quantity of wine under (b) for the wines referred to in the second indent of contract which may be distilled . paragraph 1 hereof :

— 1-29 units of account per degree and per Article 4 hectolitre if the wine has been processed into a product referred to in the first indent of the 1 . Applications for approval of the contracts said Article 2 (3), referred to in Article 1 of Regulation ( EEC) No — 1*18 units of account per degree and per 1931 /76 shall be made within 30 days of the date of hectolitre if the wine has been processed into a expiry of the long-term contracts . product referred to in the second indent of the 2. The intervention agency referred to in Article 6 said Article 2 (3). of Regulation (EEC) No 1931 /76 shall inform the parties to the contract at the latest 15 days after 3 . The payments to be made under Article 3 ( 1 ) receiving the application for approval of a distillation and (3) of Regulation (EEC) No 1931 /76 shall be contract of the result of the approval procedure. made at the latest 30 days after the necessary condi­ tions have been satisfied . 3 . Distillation shall be carried out between 1 October 1977 and 30 June 1978 . 4. Where Article 3 (5) of Regulation (EEC) No 1931 /76 applies, payment of the minimum buying-in Article 5 price shall be made at the latest 30 days after the total quantity of wine appearing in the contract has entered 1 . The contracts referred to in Article 1 of Regula­ the distillery. tion (EEC) No 1931 /76 shall state :

(a) the quantity colour and actual alcoholic strength 5. Where Article 3 (6) of Regulation (EEC) No of the wines to be distilled , 1931 /76 applies, payment of the minimum buying-in price shall be made at the latest 30 days after the total (b) the name and address of the producer, quantity of wine appearing in the contract has been distilled . When the relevant intervention agency of a (c) the place where the wine is stored, Member State has not decided to make general use of (d) the name of the distiller or the distillery, the facility provided for in Article 3 (6), the distiller may make use of this facility only after having (e) the address of the distillery . obtained the agreement of producer. 2. ' Distiller' shall mean the person on whose behalf the distillation is carried out . 6. The conversion into national currency of the amounts referred to in paragraphs 1 and 2 hereof shall be made using the representative rate for wine for the Article 6 1976/ 77 wine-growing year. 1 . The price referred to in the second indent of Article 6c (2) of Regulation ( EEC) No 816/70 shall be : Article 7 — 1-82 units of account per degree and per hectolitre for table wines of types R I and R II and for those 1 . Distillers, in order to be approved within the wines in close economic relationship therewith , meaning of Article 5 of Regulation (EEC) No — 1-71 units of account per degree and per hectolitre 1931 /76, must be capable of processing wine into a for table wines of type A I and for those wines in product with an alcoholic strength of 86° or more or close economic relationship therewith . into a product with an alcoholic strength of 85° or less . 2 . The amount of the aid provided for in Article 2 of Regulation ( EEC) No 1931 / 76 shall be : 2. Approval shall be withdrawn if the distiller, (a) for the wines referred to in the first indent of para­ except in unforeseeable circumstances or in the case graph 1 hereof : of force majeure, does not pay the buying-in price to — 1-40 units of account per degree and per the producer or does not respect his obligations under hectolitre if the wine has been processed into a Community provisions .

14. 9 . 77 Official Journal of the European Communities No L 235/9

Article 8 If the holder of a long-term storage contract decides to take advantage of Article 2 (2) (b) in respect of all 1 . Member States shall notify the Commission by the wine subject to a long-term storage contract, the 31 January 1978 at the latest of the quantities of wine intervention agency may extend the old contract for appearing in the distillation contracts approved. the new period by altering the relevant wording.

2 . Distillers shall forward to the intervention agency, by the 10th day of each month at the latest, a 2. In respect of storage contract referred to in list of the quantities of wine distilled during the prev­ Article 2 (2) (b) the amount of the aid shall be that ious month stating the quantities expressed as pure laid down for long-term storage contracts for the alcohol of the products which they have obtained, 1976/77 wine-growing year. distinguishing between those referred to the first indent of Article 2 (3) of Regulation (EEC) No 1931 /76 and those referred to in the second indent 3 . The storage contracts referred to in Article 2 (2) thereof. (b) shall be cancelled at the request of the producers concerned . 3 . Member States shall inform the Commission by telex by the 20th day of each month at the latest in respect of the previous month of the quantities of In this case the storage aid for the period during wine distilled and the quantities expressed as pure which the wine was subject to any such contract shall alcohol of the products which they have obtained, be retained . distinguishing between them in accordance with para­ graph 2.

4. Member States shall notify by 30 July 1978 at Article 10 the latest cases of distillers who have not met their obligations and the measures taken as a result thereof.

This Regulation shall enter into force on the day Article 9 following its publication in the Official Journal of the European Communities. 1 . The contracts referred to in Article 2 (2) (b) shall be concluded within 30 days of the date of expiry of the long-term contracts. It shall apply with effect from 16 September 1977.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 12 September 1977.

For the Commission

Finn GUNDELACH

Vice-President